"I am not a number! I am a free man!" The Employment Equity Act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) Part 2

The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first case involving the application of affirmative action in the employment conte...

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Bibliographic Details
Published inPotchefstroom electronic law journal Vol. 18; no. 3; pp. 668 - 733
Main Author Louw, AM
Format Journal Article
LanguageEnglish
Published 09.12.2015
Subjects
Affirmative action
Bill of rights
Court decisions
Demographics
Employment discrimination
Equality
Federal legislation
Ideology
South Africa
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Summary:The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first case involving the application of affirmative action in the employment context (and in terms of the EEA) - SAPS v Solidarity obo Barnard. This article forms Part 2 of this piece and the author continues to critically evaluate the Constitutional Court judgment in the Barnardcase, and he highlights the biggest areas of disappointment of this judgment within the context of South Africa's equality jurisprudence. After a very brief consideration of the recent amendments to the Employment Equity Act, the author concludes by providing reasons why the Act's approach to affirmative action needs to be rejected, and soon. [web URL: http://www.nwu.ac.za/sites/www.nwu.ac.za/files/files/p-per/i ssuepag es/2015volume18no3/2014%2818%293LOUWSum2.pdf] Reprinted by permission of the Potchefstroom Faculty of Law, Northwest University, South Africa
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ISSN:1727-3781
1727-3781
DOI:10.4314/pelj.v18i3.06